PONJURANGAM Vs. DARSHANALA SWAMY

JUDGEMENT

(1.) While the appellants are the legal representatives of the sole defendant in O.S.No.157 of 1990 on the file of the V Junior Civil Judge, City Civil Court, Hyderabad, the respondents are the legal representatives of the sole plaintiff in that suit. For the sake of convenience, the parties herein are referred to as 'plaintiff' and 'defendant'.

(2.) The suit was filed for the relief of declaration of title, mandatory injunction for removal of structures and recovery of possession of suit schedule property of about 280 square yards, in premises bearing No.3-7-141 of Kakaguda, Hyderabad. The plaintiff pleaded that the property admeasuring 350 square yards, in all, was acquired by himself and one Darshanala Ramaswmay jointly, and on the death of Ramaswamy, it has accrued to him by survivorship. It was stated that part of the property was given on lease to the defendant, initially on a rent of Rs. 50/-, per month, and thereafter, Rs. 75/- per month. It was stated that, when the defendant is making the construction on his own accord, notice of eviction was issued, requiring him to pay the arrears. Alleging that the defendant did not accede to the request, the plaintiff filed the suit for the reliefs mentioned above.

(3.) The defendant filed written statement, opposing the suit. He raised an objection as to the very maintainability of the suit, both on the grounds of territorial and subject matter of litigation, viz., that the plaintiff ought to have initiated proceedings before the Rent Controller. It was also pleaded that the plaintiff did not have the title vis-a-vis the property at any point of time, and that he is not the tenant of the plaintiff.